The DCIT(Exemptions), Cir-1, Ahmedabad V. Gujarat Council of Science City., Ahmedabad

ITA 259/AHD/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 6349 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 15-10-2019
• Assessment Year: 2009-2010
• Appeal Filed On: 02-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 268A

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD - BENCH B BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ITA NO.259/AHD/2018 / ASSTT.YEAR : 2009-2010 DCIT (EXEMPTIONS) CIR.1, AHMEDABAD. VS. GUJARAT COUNCIL OF SCIENCE CITY SOLA SANTEJ ROAD VILLAGE HEBATPUR P.O. NEW HIGH COURT AHMEDABAD. PAN : AAABG 0071 B ( APPLICANT ) ( RESPONENT ) REVENUE BY : SHRI MUDIT NAGPAL, SR.DR ASSESSEE BY : NONE / DATE OF HEARING : 15/10/2019 / DATE OF PRONOUNCEMENT: 15/10/2019 / O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: REVENUE IS IN APPEAL BEFORE THE TRIBUNAL AGAINST OR DER OF LD.CIT(A)- 9, AHMEDABAD DATED 20.11.2017 PASSED FOR THE ASSESS MENT YEAR 2009-10. 2. THE REVENUE IS AGGRIEVED BY THE ACTION OF THE I D.CIT(A) IN ALLOWING ACCUMULATION OF @15% OF RS.1,13,33,972/- UNDER SECT ION 11(1)(A) OF THE INCOME TAX ACT. 3. AT THE OUTSET, WHEN THE BENCH NOTICED THAT THE TAX EFFECT ON THE DISPUTED AMOUNT WOULD BE LESS THAN RS.50 LAKHS, IT ENQUIRED WITH THE LD.DR, WHETHER APPEAL OF THE REVENUE IS HIT BY THE LATEST CBDT INSTRUCTION NO.17 OF 2019 DATED 8.8.2019, WHEREBY DEPARTMENT HA S BEEN INSTRUCTED NOT TO FILE APPEAL BEFORE THE TRIBUNAL WHERE TAX EF FECT IS BELOW RS.50 LAKHS, HE DID NOT DISPUTE APPLICABILITY OF THE RECENT CBD T CIRCULAR AND LEFT TO THE TRIBUNAL TO PASS APPROPRIATE ORDER IN THE MATTER. ITA NO.259/AHD/2018 2 4. IN VIEW OF THE ABOVE, WE ARE OF THE VIEW THAT T HE PRESENT APPEAL OF THE REVENUE FALLS WITHIN THE PURVIEW OF THE CBDT IN STRUCTION CITED (SUPRA) AND THEREFORE, KEEPING IN VIEW THE ABOVE CBDT CIRCU LAR AND PROVISIONS OF SECTION 268A OF THE INCOME TAX ACT, WE ARE OF THE V IEW THAT THE PRESENT APPEAL OF THE REVENUE DESERVES TO BE DISMISSED. IT IS DISMISSED. HOWEVER, IT IS OBSERVED THAT IN CASE ON RE-VERIFICA TION AT THE END OF THE AO IT CAN BE DEMONSTRATED THAT THE TAX; EFFECT IS MORE, OR REVENUE'S CASE FALLS WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE CIRCULAR, THEN THE DEPARTMENT WILL BE AT LIBERTY TO APPROACH THE TRIBU NAL FOR RECALL OF THIS ORDER. SUCH APPLICATION SHOULD BE FILED WITHIN THE TIME PERIOD PRESCRIBED IN THE ACT. IN VIEW OF THE ABOVE, THE APPEAL OF THE RE VENUE IS DISMISSED DUE TO LOW TAX EFFECT. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D DUE TO LOW TAX EFFECT. ORDER PRONOUNCED IN THE COURT ON 15 TH OCTOBER, 2019 AT AHMEDABAD. S D / - (AMARJIT SINGH) ACCOUNTANT MEMBER S D / - (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 15/10/2019